DUI Over 0.15% (VC 23578)
If you have been charged with a DUI where your blood alcohol concentration was recorded at 0.15% or higher, you may be subject to DUI enhancements that mandate increased penalties by the court. These increased punishments vary depending on the jurisdiction where the DUI offense was committing, as well as the presiding Superior Court. These enhanced punishments can include increased jail time, heftier fines, and attendance of alcohol education program for a longer period of time, and mandatory installation of an Ignition Interlock Device (IID).
DUI cases involving a BAC of .15% or higher should be handled by an attorney who has extensive experience and knowledge of the relevant DUI laws, so that you can increase your chances at a better outcome of your case. At the Orange County DUI Attorney Law Firm, we handle DUI cases on a regular basis, which has provided us with knowledge of the intricate DUI law procedures. For example, we know what jurisdictions will require any of these enhanced punishments and the ones that do not. Our knowledge of the specific procedures used by prosecutors in a specific Superior Court allows us to build specifically tailored defenses for you depending on where your DUI incident occurred. If you or a family member has been arrested for DUI, we encourage you to contact our law firm today to schedule your FREE DUI consultation.
What to expect when a DUI involves a BAC over .15%
If you are reading this article, there is a high likelihood that you or someone you know has been charged with a DUI involving a blood alcohol concentration of .15% or higher. The punishments for a DUI conviction can be serious, and differ from case to case based on the severity of the DUI. During the sentencing stage, various aggravating and mitigating factors will be considered to decide what the appropriate penalty should be. Hiring an experienced DUI attorney to represent you can increase your chances of resolving your case in your favor. The Orange County DUI Attorney Law Firm has nearly thirty years of experience representing clients facing DUI charges. If you read this article and believe that the Orange County DUI Attorney Law Firm can assist you in your case, we encourage you to contact us for a FREE DUI consultation.
If you are facing your first DUI charge, it will most likely be brought as a misdemeanor. Misdemeanor charges are defined by crimes that carry a maximum jail sentence of one year or less in prison. Usually, a first offense DUI will not result in any jail time. However, if you are arrested for DUI and your BAC was .15% or greater, the punishments you are facing will be more serious than those of a misdemeanor DUI. This is due to the fact that driving with a BAC of .15% or higher is an aggravating factor. Our attorneys will devote themselves to do everything they can to minimize the possibility of you serving an enhanced jail sentence.
Aggravated DUIs resulting in increased punishments
It is unusual that a first, or even second DUI will include a jail sentence. Usually, a DUI case will be resolved by a plea bargain. However, when a DUI offense involves a BAC of .15% or higher, the prosecution will ask that harsher punishments be handed down. Typically, these enhance punishments will be public/ community service, higher fines, mandatory completion of alcohol abuse education classes, and sometimes jail time.
Other Factors that can contribute to an Aggravated DUI charge
If you were arrested for DUI and your BAC was over .15%, you were probably charged with an “aggravated DUI.” In addition to a BAC of .15% or higher, there are other numerous factors that if they are present in a DUI incident can contribute to an aggravated DUI charge. These other factors are:
DUI Involving an Accident
Many DUI cases involve an accident. DUI involving accidents usually lead to damage to either a vehicle or property. Similar to DUIs involving a BAC .15%, different jurisdictions will punish DUIs involving accidents differently. No matter the jurisdiction, an individual charged with DUI involving accident will probably face enhanced punishments like required community service or higher fines. Our attorneys know how to handle these cases and have plenty of experience working with courts and district attorneys. The court where your case will be brought has no impact on how our attorneys will represent you. They will provide you with competent and diligent representation to obtain the best possible result for your case.
DUI Causing Bodily Injury or Great Bodily Injury
Being charged with any kind of DUI can be a stressful situation. However, if your DUI incident involves an injury, it can often make the situation more serious. DUIs that involve injury can be brought as felony or misdemeanor charges. A DUI involving accident being brought as a misdemeanor charge can carry a minimum jail sentence of 5 days, in addition to having your driver’s license suspended for 1 year.
If the injury caused by the DUI is more serious and involves great bodily injury, your chances of being charged with a felony are higher. Great bodily injury is determined by the specifics of each case. In order to determine if a DUI incident involved great bodily injury, the court will look at the amount of pain the victim suffered, type of injury, and the medical attention the injured requires. In DUI cases involving great bodily injury, the punishments are significantly more serious such as a prison sentence of 16 months. Also, it is possible that you will be required to provide retribution to the victim and/ or county, by paying for any expenses incurred by the victim and/ or county as a result of the accident.
Our attorneys have handled many DUIs causing injury cases. We are prepared to represent you in all stages of your DUI case including: court appearances, hearings, and plea bargain negotiations. We will devote our time to help get you the best outcome possible for your case and to minimize your chances at receiving increased punishments.
DUI Involving a Passenger Under the Age of 14
If you are arrested for DUI with a passenger under the age of 14, you will be subject to increased punishments. This charge can leave you susceptible to additional jail time, anywhere from 48 hours to 90 days in jail. Also, when you are arrested for a DUI with a child under the age of 14, you may be charged with an additional child endangerment offense. Similar to a DUI, a child endangerment charge may be brought as a felony or misdemeanor. Jail sentences associated with a child endangerment charge are usually 6 years in state prison, in addition to the sentence you receive for your DUI offense.
Refusal of a Blood or Breath Test After DUI Arrest
It is important to know that when you accept your driver’s license, you have also given implied consent that you will submit to a blood or breath test after being lawfully arrested for DUI. Even so, many individuals refuse to submit to the tests. If you refuse, your refusal will be honored, however, a refusal leaves you susceptible to increased punishments like 48-hour jail sentence, and a mandatory participation in 9 months of alcohol classes. Moreover, the DMV will suspend your driver’s license for 1 year. If you refused to submit to a breath or blood test after being arrested, we recommend that you meet with a lawyer who knows the DUI laws and can represent you competently. The attorneys at the Orange County DUI Attorney Law Firm will ensure your rights are protected throughout the entirety of your DUI case.
DUI Arrest while on Probation
If you were arrested for DUI while on probation, you will be subjected to enhanced punishments. Often, driving with any amount of alcohol in your system, even if it is under the legal limit will lead to a probation violation. Thus, you will likely be required to attend a probation violation hearing, as well as your DUI charges. Depending on your probation terms, a violation could result in suspension of your driver’s license and a jail sentence. Our attorneys can help you navigate through all of these proceedings and will represent you aggressively, in order to get the terms of your original probation reinstated.
DUI on a Suspended License or Expired License
You will likely face enhanced punishments if you are arrested for DUI when you have a suspended or expired license. The penalties for this offense can be a 48-hour jail sentence. Our lawyers will devote themselves to ensure that we obtain the best possible outcome for your case and help you avoid any type of jail sentence.
DUI on a Suspended or Restricted License from a Prior DUI (VC14601.2)
If you were arrested for DUI when your license was suspended or restricted because of a previous DUI, you will be subjected to enhanced punishments. You could be charged with violating California Vehicle Code 14601.2 that carries a minimum jail sentence of 10 days, higher fines, and can require the installation of an Ignition Interlock Device in your car.
DUI Involving Driving Recklessly or at an Excessive Speed
The court can look at this factor when you are being sentenced, if you were driving 20 mph over the speed limit on a residential street, or 30 mph over the speed limit on the highway, as well as driving in a reckless manner. You will be punished more severely because driving in this manner can increase the risk of putting other individual’s in danger of injury or death or damaging property. This offense can carry increased jail time by 60 days.
DUI Involving Hit and Run
In some cases, individuals driving under the influence who hit another vehicle flee the scene because they are afraid. Prosecutors treat these cases seriously. If you have been involved in a DUI with a hit and run, four points will be added to your driving record. Two will be added for fleeing the scene of the accident, and two for the DUI charges. This offense can bring an additional 6-month suspension of your driver’s license. If you were involved in a hit and run DUI, it is highly recommended that you meet with an attorney. Our attorneys will represent you aggressively and help you avoid license suspension, as well as the points being added to your driving record.
The aforementioned aggravating factors in a DUI case are assessed differently in every case. For example, a DUI causing injury or death will be assessed more heavily than a DUI resulting in property damage. An aggravated DUI conviction will result in you being susceptible to more severe penalties that can leave a lasting impact on your life. If you have been charged with a DUI and believe any of the aggravating factors previously mentioned are present in your case, we highly encourage you to call our office. Our team of attorneys will dedicate themselves to build the strongest available defense for your case.
Do no hesitate to contact us if you have been arrested for an aggravated DUI. Call the Orange County DUI Attorney Law Firm today to schedule your FREE consultation.
At the Orange County DUI Attorney Law Firm, we recognize that being involved in a DUI can be stressful and overwhelming. You are most likely worried that this can have a lasting affect on your personal and professional life. Our experienced attorneys have nearly three decades of experience in defending clients facing DUI charges. We understand that the punishments you are facing are serious and we know what arguments to assert in order to help increase your chances at having your charges reduced or even dismissed.
If you or any one you know has been arrested for DUI, or a related charge, we recommend that you schedule a FREE consultation. We also suggest that to prepare for your consultation you do the following:
- Write down any questions you may have about your case.
- Bring all documents that you have been issued during your DUI incident, including bail bond documents, and the pink “admin per se” or temporary license.
- Try to recount all specific details surrounding your arrest, like any field sobriety tests you took, or if you were read you Miranda Rights.
During your initial consultation, it is important that you disclose any and all previous traffic violations you have had within the last three years, including public intoxication, any past DUI arrests, if applicable, or other traffic violations. We ask that you share this information because it will help us build the best possible defense for you, which in turn will help your chances at avoiding a conviction.
Contact the Orange County DUI Attorney Law Firm today at 949-377-2280 to schedule your FREE DUI consultation.